Klein v. Garrison

This is an appeal on questions of law from a judgment of the Municipal Court of Dayton in an action for damages for trespass on real property by the removal of topsoil. The cause was tried to the court without the intervention of a jury. The court rendered a general finding in favor of the plaintiffs and assessed damages in the amount of $100, on which finding judgment was rendered.

The defendant-appellant claims that the court erred in finding the defendant guilty of trespass; that the court erred in computing damages without reference to the evidence; and that the court applied the…